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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Category Archives: Practice Issues

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CO-PARENTING CALENDARS – I’M NOT YOUR SECRETARY – OR AM I?

Posted in Custody, Practice Issues, Visitation/Parenting Time

In the highly scheduled, some say overscheduled, world of suburban children, figuring out where they are supposed to be and when is a constant battle. It is hard enough to do in an intact family, much less in divorced families where the parties are tasked to co-parent.  I know this week, just the addition of end… Continue Reading

MAKING THE RELEASE OF THE DEPENDENCY EXEMPTION CONDITIONED UPON THE RECEIPT OF THE CHILD SUPPORT DUE

Posted in Child Support, Practice Issues, Tax Exemption

One of the issues to resolve in a divorce cases is the allocation of the dependency exemptions. While the IRS says that they should go to the custodial parent, by and large, states, including New Jersey feel that they can allocate the exemptions between parents and there is case law to that affect. In most… Continue Reading

JUDGES ARE SUPPOSED TO DECIDE MATTERS RIPE FOR DECISION – NOT SEND IT TO MEDIATION – SHOCKING!?!

Posted in Mediation/Arbitration, Practice Issues

We have all had this happen.  Letters get written back and forth to try to settle a matter and/or you just file a motion because the issue is clear based upon the law and the facts.  Or, the parties, for whatever reason, just wont resolve an issue because one or both is being unreasonable.  So… Continue Reading

WHEN LESS THAN THE FULL AMOUNT IS PAID, WHO GETS TO DECIDE WHETHER IT WAS ALIMONY OR CHILD SUPPORT?

Posted in Alimony, Child Support, Practice Issues

What happens when a support obligor shorts his alimony and child support payments and then tax time comes around?  Of course, since alimony is deductible to the payor, he/she is likely to want to claim that most or all of the payments were alimony in order to get the deduction.  Inevitably, if the recipient doesn’t… Continue Reading

YOU CHEATED, YOU LIED, THE COURT SAYS “WHATEVER”

Posted in Alimony, Divorce, Equitable Distribution, Practice Issues

When meeting with a new client whose spouse has cheated on them, the anger, sadness, sense of loss and betrayal is often palpable.  They are quite often resolute that they can never get over their spouse’s indiscretion (though referring to it as an indiscretion seems to minimize it from the victim’s perspective), and proceeding to… Continue Reading

IS IT A PROBLEM THAT TWO DIFFERENT JUDGES CAN LOOK AT THE SAME FACTS AND ONE WOULD SAY PERMANENT ALIMONY AND ONE WOULD NOT?

Posted in Alimony, Practice Issues

Last week, I blogged about the fact that the Supreme Court was going to be hearing argument on the Gnall v. Gnall case on November 12, 2014.  I watched part of the argument streaming on the judiciary website and the rest of it later when it was posted to the site.  For those of you… Continue Reading

PARENTS REQUIRED TO PAY $16,000 TOWARD ESTRANGED DAUGHTER’S COLLEGE EDUCATION

Posted in Child Support, Custody, Divorce, Modification, Practice Issues

“Caitlyn’s parents Maura and Michael were young loves. Their marriage only lasted two and a half years but the two say they amicably parented to give their daughter the best life they could.” ABC News Anchor, Wendy Saltzman, reported on last night’s news. Caitlyn’s parents became estranged from their daughter when “Instead of following our… Continue Reading

STALKING THE SOUL: CO-PARENTING WITH AN ABUSIVE NARCISSIST (PART II)

Posted in Custody, Divorce, Modification, Practice Issues, Visitation/Parenting Time

“Whereas victims rarely know how to use the law in their favor, the aggressor instinctively deploys the necessary maneuvers.  Abusive behavior can be used to find fault in a divorce action. But how can one keep track of guilt by innuendo?” –Marie-France Hirigoyen, Stalking the Soul; Emotional Abuse and the Erosion of Identity. You know… Continue Reading

DIVORCE HOTEL – PARADISE OR PARADISE LOST?

Posted in Divorce, Mediation/Arbitration, Practice Issues

Some concepts never cease to amaze, especially when reality television is involved.  Promising an idyllic setting for a “quickie” divorce, the Gideon Putnam Resort in Saratoga Springs, New York, is welcoming couples who want to end their marriage while surrounded by golf courses, swimming pools, hiking trails and spa treatments.  While one can appreciate the… Continue Reading

MARRIAGE AT RISK IN TODAY’S ENVIRONMENT OF INCOME INEQUALITY?

Posted in Divorce, Practice Issues

In recent years, we have been repeatedly cautioned by government leaders and renowned economists that the wealth gap and income inequality in America is only getting worse.  As part of the widening gap, some experts describe a slow disappearance of the middle class, with individuals/families who formerly fulfilled that category now moving either up or… Continue Reading